Legal Heir Share Calculator — Hindu Succession Act, 1956
Where a Hindu male dies without leaving a will, his property devolves first on the Class I heirs listed in the Schedule to the Hindu Succession Act, 1956 — and they take simultaneously and in equal shares. Enter the surviving heirs to see how the estate divides.
AdvoMitra is a legal technology platform and is not a law firm. These tools and drafts are provided for general information. They are not legal advice, and no template fits every situation — have an advocate review anything you intend to rely on.
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Who the Class I heirs are
The Schedule lists the widow, sons, daughters and mother, together with the children and widow of a predeceased son, the children of a predeceased daughter, and further branches below them.
They inherit simultaneously and to the exclusion of everyone else. If a single Class I heir survives, no Class II heir takes anything.
Each takes an equal share, with two exceptions. All widows together take one share between them, and a predeceased child’s branch takes the single share that child would have received.
Daughters and coparcenary property
The 2005 amendment made daughters coparceners in a Hindu Undivided Family by birth, with the same rights and liabilities as sons.
In Vineeta Sharma v. Rakesh Sharma (2020) the Supreme Court held that this right is by birth, so it does not matter whether the father was alive on 9 September 2005. That settled years of conflicting decisions.
Coparcenary property and self-acquired property follow different routes. This calculator addresses self-acquired property passing by intestate succession.
Getting the property transferred
A legal heir certificate or succession certificate is usually needed, depending on the asset and the state. Movable assets and debts typically require a succession certificate from the civil court; a legal heir certificate from the revenue authority often suffices for pensions and some transfers.
Mutation in the revenue records follows, and for immovable property a registered release deed or family settlement may be needed where heirs agree to a different division than the law provides.
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